Saturday, March 10, 2012

You should clearly pass your order with regard to inspection of documents.

In case the CE/DR gives a list of additional documents, please ask him to mention the relevance of each document. Examine the relevancy thoroughly and allow the inspection accordingly. If relevancy of a particular document is not clear to you, then it is better to allow inspection of such document. You should deny inspection of documents not relevant for which you should record reason for such refusal.

You should send requisition for additional documents to the authority to whom the documents belong.

On receipt of the list of defence witnesses, you should ask the CE/DR to mention the relevance of each witness. Defence witnesses relevance should be decided expeditiously. In case you consider a particular proposed witness not relevant, please record your reason for the same.

You should send requisition for the additional documents directly to the custodian of the documents.

You should decide date, time and venue of the regular inquiry and send intimation to the CE and the PO. It is better to send such intimation to the DR also.

You should take all necessary steps to secure attendance of the witnesses including defence witnesses.

Whenever CE and/or DR make inspection of documents, please obtain confirmation in this regard and take it on record.

You should conduct the regular hearing fairly and firmly. Your approach should be judicious one.

You should ensure that there is no harassment of any witness during the examination-in-chief, cross-examination and re-examination.

You should maintain a book or file to record the proceedings of the inquiry. The inquiry proceedings should be serially numbered.

You should obtain signature of each party on each page of the proceedings.

You should obtain signatures of witnesses on the proceedings where depositions of witnesses are recorded.

You should supply copies of the proceedings to each party – to the PO, CE and DR. You may also supply copy of the proceedings to the witness where his deposition is recorded.

You should keep record of your observations/rulings in the proceedings.

Friday, March 9, 2012

Please examine your order of appointment. Please check whether it has been signed by the competent authority.

Please check whether you have received following papers:- Copy of the charge-sheet along with list of allegations, witnesses, evidences etc.- Copy of written statement(s), if any- Copy of the appoint of PO

You should be fully conversant with the procedure of the inquiry.

Please study the charge-sheet, enclosed statement(s) and relative papers carefully and acquaint yourself with the facts of the case and nature of accusation.

Please make your plan for the preliminary hearing and decide date, time and venue for it.

Please send notices for preliminary hearing to the CE and the PO.

It is always better to serve the notice in person or through Registered Post AD.

On the first day of the preliminary hearing, ask the CE as to whether he admits all the charges. If he does so, please record his plea of guilt and return the case to the DA with your covering report. If CE admits some of the charges, not all charges, then also record his plea of guilt in respect of those charges that CE admits, and proceed with the inquiry in respect of the remaining charges that CE does not admit.

On the first day of the preliminary inquiry, you may discuss the calendar of the inquiry (as prepared by you) with both parties.

In case CE has not brought his DR in the inquiry, you may advise him that he may take assistance of a DR as per rules in this regard.

In case CE wishes to take assistance of a legal practitioner, ask him why he wishes to do so. You should analyze his request. You should not allow CE to engage a legal practitioner as DR unless the PO happens to be a trained legal practitioner or DA has permitted it. You must allow CE to engage a legal practitioner as DR, if PO happens to a trained legal practitioner or the DA has permitted it.

You should enquire in how many cases the DR is rendering his defence assistance. He should not have two other cases to appear as DR.

Wednesday, March 7, 2012

If a registered letter is offered to but refused by the addressee, the addressee will be imputed with knowledge of the contents also.

Once an order is issued and sent out, it is held to be communicated, no matter when the employee concerned actually receives it. The only exception is an order of dismissal etc. which takes effect from the date of his actual knowledge.

Holding of departmental inquiry proceedings after acquittal depends upon the nature of findings by the criminal court.

Though a full fledged inquiry is not necessary for imposing a minor penalty but the CE must be given an effective opportunity to defend himself.

It is always open to the DA to withdraw a reference for disciplinary action or to drop the charges.

Reversion to parent department before expiry of the period of deputation is not a punishment.

Ex-parte proceedings are justified where the CE declined to participate in the inquiry despite notice to him.

Ex-parte proceedings are justified where an attempt was made to serve notice on the CE through registered post, but the CE refused to accept it.

Ex-parte proceedings are justified where the attitude of the CE was one of complete non-cooperation.

Ex-parte proceedings are not justified where the CE (placed under suspension) is not paid his subsistence allowance for several months, expressed his inability to attend inquiry proceedings held at a distinct place from his headquarter, due to paucity of funds.

Even in ex-parte proceedings, the IO should record all available evidence.

The relationship of employer and employee comes to an end on retirement of the employee and hence no disciplinary proceedings can be taken against him after that date.

Even after retirement, an inquiry to a limited extent is admissible under the pension rules for withholding or withdrawing the pension.